22882 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices 

mgm of water for the applicant’s natural 

gas exploration and production 

activities in Broome and Delaware 

Counties in the State of New York. 

Surface water will be withdrawn at a 

site on Oquaga Creek within the Oquaga 

Creek Watershed in the Town of 

Sanford, Broome County, New York. 

Oquaga Creek drains to the West Branch 

Delaware River. The withdrawal site is 

located within the drainage area of the 

section of the non-tidal Delaware River 

known as the Upper Delaware, which is 

classified as Special Protection Waters. 

18. Exelon Generation Company, 

LLC—Schuylkill, D–2010–040 CP–1. An 

application for the approval of an 

existing combined discharge of up to 

231.84 mgd of NCCW and traveling 

screen backwash from the Schuylkill 

Generating Station (SGS) via Outfall No. 

001. Outfall No. 001 discharges to the 

tidal portion of the Schuylkill River at 

River Mile 92.47—5.6 (Delaware River— 

Schuylkill River) in Water Quality Zone 

4 in the City of Philadelphia, 

Pennsylvania. 

19. South Jersey Port Corporation, 

D–2010–044 CP–1. An application for 

approval of the Paulsboro Marine 

Terminal dredging and wharf 

construction project. The proposed 

project includes: The construction of a 

deep water marine terminal consisting 

of a 150-foot wide by 2,850-foot long 

wharf providing for: Four berths for the 

loading and unloading of a variety of 

general bulk and break bulk cargo; 

dredging in the Delaware River of 

approximately 334,000 cubic yards; the 

construction of a public, bi-directional 

access roadway between Paradise Road 

in the Township of West Deptford and 

Universal Road in the Borough of 

Paulsboro; and the construction of a 

25-foot high, three span composite steel 

plate girder bridge across Mantua Creek 

just upstream of its confluence with the 

Delaware River. The proposed 

Paulsboro Marine Terminal site is 

located at the former 130-acre BP Oil 

Terminal site and adjacent 60-acre Essex 

Industrial Chemicals site in the Borough 

of Paulsboro, Gloucester County, New 

Jersey, along the Delaware River in 

Water Quality Zone 4 at approximately 

River Mile 90. 

In addition to the standard business 

meeting items, consisting of adoption of 

the Minutes of the Commission’s March 

2, 2011 business meeting, 

announcements of upcoming meetings 

and events, a report on hydrologic 

conditions, reports by the Executive 

Director and the Commission’s General 

Counsel, and public dialogue, the 

business meeting also will include 

public hearings on: (a) A resolution to 

increase the maximum daily surface 

water withdrawal from the Schuylkill 

River by Exelon’s Limerick Generating 

Station (LGS), without increasing LGS’s 

total monthly allocation; (b) a hearing at 

which the Lambertville Municipal 

Utilities Authority is requested to show 

cause why it should not be assessed a 

penalty in accordance with the 

Delaware River Basin Compact and 

DRBC regulations for failing to obtain 

DRBC review and approval prior to 

undertaking improvements to its 

wastewater treatment plant; (c) a 

resolution authorizing the Executive 

Director to enter into agreements for 

information technology upgrades to 

improve data management and retrieval; 

and (d) a resolution amending 

Resolution No. 2010–11 to increase the 

authorized amount of the Commission’s 

contract for management of comments 

received on a proposed rulemaking 

concerning natural gas development. 

The Commissioners also will consider a 

Resolution for the Minutes authorizing 

the Executive Director to award a 

contract for janitorial services; a 

resolution to adopt the Delaware River 

Basin Commission current expense and 

capital budgets for fiscal year 2012 (on 

which the Commission held a public 

hearing on March 2, 2011); and a 

resolution approving election of the 

Commission Chair, Vice Chair and 

Second Vice Chair for fiscal year 2012. 

Draft dockets scheduled for public 

hearing on May 11, 2011 can be 

accessed through the Notice of 

Commission Meeting and Public 

Hearing on the Commission’s Web site, 

drbc.net, ten days prior to the meeting 

date. Additional public records relating 

to the dockets may be examined at the 

Commission’s offices. Please contact 

William Muszynski at 609–883–9500, 

extension 221, with any docket-related 

questions. 

Note that conference items are subject 

to change and items scheduled for 

hearing are occasionally postponed to 

allow more time for the Commission to 

consider them. Please check the 

Commission’s Web site, drbc.net, closer 

to the meeting date for changes that may 

be made after the deadline for filing this 

notice. 

Individuals who wish to comment for 

the record on a hearing item or to 

address the Commissioners informally 

during the public dialogue portion of 

the meeting are asked to sign up in 

advance by contacting Ms. Paula 

Schmitt of the Commission staff, at 

paula.schmitt@drbc.state.nj.us or by 

phoning Ms. Schmitt at 609–883–9500 

ext. 224. 

Individuals in need of an 

accommodation as provided for in the 

Americans with Disabilities Act who 

wish to attend the informational 

meeting, conference session or hearings 

should contact the Commission 

Secretary directly at 609–883–9500 ext. 

203 or through the Telecommunications 

Relay Services (TRS) at 711, to discuss 

how the Commission can accommodate 

your needs. 

Dated: April 19, 2011. 

Pamela M. Bush, 

Commission Secretary. 

[FR Doc. 2011–9914 Filed 4–22–11; 8:45 am] 

BILLING CODE 6360–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9297–9; EPA–HQ–OW–2010–0782] 

Draft National Pollutant Discharge 

Elimination System (NPDES) General 

Permit for Stormwater Discharges 

From Construction Activities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA’s Regional Offices are 

proposing for public comment the draft 

National Pollutant Discharge 

Elimination System general permit for 

stormwater discharges from large and 

small construction activities. This draft 

construction general permit includes 

new requirements that implement the 

technology-based Effluent Limitation 

Guidelines and New Source 

Performance Standards, which were 

issued by EPA for the construction and 

development industry on December 1, 

2009. The draft permit also includes 

new water quality-based requirements 

for construction sites discharging 

stormwater to waters requiring 

additional pollutant control. EPA 

proposes to issue this construction 

general permit for five (5) years, and to 

provide permit coverage to eligible 

existing and new construction projects 

in all areas of the country where EPA is 

the National Pollutant Discharge 

Elimination System permitting 

authority, including Idaho, 

Massachusetts, New Hampshire, and 

New Mexico, Indian Country Lands, 

Puerto Rico, Washington, DC, and U.S. 

territories and protectorates. 

DATES: Comments on the draft general 

permit must be received on or before 

June 24, 2011. Comments on the 

preparation and issuance of the draft/ 

preliminary Environmental Assessment 

must be received by May 25, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2010–0782, by one of the following 

methods: 


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1. http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

2. E-mail: ow-docket@epa.gov 

3. Mail to: Water Docket, U.S. 

Environmental Protection Agency, Mail 

Code: 2822T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460, 

Attention: Docket ID No. EPA–HQ–OW– 

2010–0782. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2010– 

0782. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at a docket facility. The 

Office of Water (OW) Docket Center is 

open from 8:30 until 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The OW Docket Center 

telephone number is (202) 566–2426, 

and the Docket address is OW Docket, 

EPA West, Room 3334, 1301 

Constitution Avenue, NW., Washington, 

DC 20004. The Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744. 

FOR FURTHER INFORMATION CONTACT: For 

further information on the draft NPDES 

general permit, contact the appropriate 

EPA Regional office listed in Section 

I.G, or Greg Schaner, EPA Headquarters, 

Office of Water, Office of Wastewater 

Management at tel.: 202–564–0721 or 

e-mail: schaner.greg@epa.gov, or Erika 

Farris, EPA Headquarters, Office of 

Water, Office of Wastewater 

Management at tel.: 202–564–7548, or email farris.erika@epa.gov. For further 

information on the preparation and 

issuance of the draft/preliminary 

Environmental Assessment, contact 

Jessica Trice, EPA Headquarters, Office 

of Federal Activities, NEPA Compliance 

Division at tel: 202–564–6646, or e-mail 

trice.jessica.@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

supplementary information is organized 

as follows: 

Table of Contents 

I. General Information 

A. Does this action apply to me? 

B. How can I get copies of these documents 

and other related information? 

C. What should I consider as I prepare my 

comments for EPA? 

D. Will public hearings be held on this 

action? 

E. What process will EPA follow to finalize 

the permit? 

F. Who are the EPA regional contacts for 

this permit? 

II. Background of Permit 

A. Statutory and Regulatory History 

B. Vacature of the C&D Rule Numeric Limit 

and Implications for This Permit 

III. Summary of the Draft CGP 

A. Non-Numeric C&D Rule Requirements 

B. Numeric C&D Rule Requirements 

C. Water Quality-Based Effluent Limits 

D. Summary of Significant Proposed 

Changes to the CGP 

E. Permit Provisions for Which EPA is 

Soliciting Comment 

F. Construction Projects Eligible for Permit 

Coverage 

G. Geographic Coverage 

IV. Notice of Intent to Prepare an 

Environmental Assessment (EA) for the 

National Pollutant Discharge Elimination 

System (NPDES) General Permit for 

Discharges from Large and Small 

Construction Activities 

V. Executive Order 12898: Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

VI. Executive Order 13175: Consultation and 

Coordination with Indian Tribal 

Governments 

I. General Information 

A. Does this action apply to me? 

The draft construction general permit 

(‘‘draft CGP’’) applies to the following 

construction activities: 

TABLE 1—ENTITIES POTENTIALLY REGULATED BY THIS PERMIT

Category Examples of Affected Entities 

North American 

Industry Classification System 

(NAICS) Code 

Industry .... Construction site operators disturbing 1 or more acres of land, or less than 1 acre but part of a larger common plan of development or sale if the larger common plan will ultimately disturb 1 acre or more, and performing the following activities: 

Building, Developing and General Contracting ......................................................................................................... 233 

Heavy Construction ................................................................................................................................................... 234 

EPA does not intend the preceding 

table to be exhaustive, but provides it as 

a guide for readers regarding entities 

likely to be regulated by this action. 

This table lists the types of activities 

that EPA is now aware of that could 

potentially be affected by this action. 

Other types of entities not listed in the 

table could also be affected. To 

determine whether your facility is 

regulated by this action, you should 

carefully examine the definition of 


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‘‘construction activity’’ and ‘‘small 

construction activity’’ in existing EPA 

regulations at 40 CFR 122.26(b)(14)(x) 

and 122.26(b)(15), respectively. If you 

have questions regarding the 

applicability of this action to a 

particular entity, consult one of the 

persons listed for technical information 

in the preceding FOR FURTHER

INFORMATION CONTACT section. 

Eligibility for coverage under the draft 

CGP is limited to operators of 

stormwater discharges from ‘‘new 

sources’’, ‘‘existing permitted 

dischargers’’, ‘‘existing unpermitted 

dischargers’’, ‘‘new operators of new 

sources or existing permitted 

dischargers’’, and ‘‘emergency-related 

projects’’. A ‘‘new source’’ is a 

construction project that commenced or 

will commence construction activities 

after February 1, 2010, which is the 

effective date of the new source 

performance standards promulgated as 

part of the Construction and 

Development (C&D) rule on December 1, 

2009. An ‘‘existing permitted 

discharger’’ is a construction project that 

is not a new source, because 

construction activities commenced prior 

to February 1, 2010 and prior coverage 

was obtained under either the 2003 

CGP, the 2008 CGP, or under another 

NPDES permit. An ‘‘existing 

unpermitted discharger’’ is a 

construction project that is not a new 

source, because construction activities 

commenced prior to February 1, 2010, 

but has never received coverage for its 

construction discharges under an 

effective NPDES permit. A ‘‘new 

operator of a new source or existing 

permitted discharger’’ is an operator that 

replaces an existing operator on a 

construction project through transfer or 

ownership and/or operation. An 

‘‘emergency-related project’’ is one in 

which earth-disturbing activities need to 

take place immediately in order to 

respond to a public emergency (e.g., 

tornado, hurricane, earthquake, flood), 

and the related work requires immediate 

authorization to avoid imminent 

endangerment to human health or the 

environment. Coverage under this 

permit is available to operators of 

eligible projects located in those areas 

where EPA is the permitting authority 

and has opted to make this general 

permit for use. A list of eligible areas is 

included in Appendix B of the draft 

CGP. 

B. How can I get copies of these 

documents and other related 

information? 

1. Docket. EPA has established an 

official public docket for this action 

under Docket ID No. EPA–HQ–OW– 

2010–0782. The official public docket is 

the collection of materials that is 

available for public viewing at the Water 

Docket in the EPA Docket Center, (EPA/ 

DC) EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC 20460. Although all documents in 

the docket are listed in an index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Publicly available docket materials are 

available in hard copy at the EPA 

Docket Center Public Reading Room, 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744 

and the telephone number for the Water 

Docket is (202) 566–2426. 

2. Electronic Access. You may access 

this Federal Register document 

electronically through the United States 

government on-line source for Federal 

regulations at http:// 

www.regulations.gov. 

Electronic versions of this draft 

permit and fact sheet are available on 

EPA’s NPDES Web site at http:// 

www.epa.gov/npdes/stormwater/cgp. 

An electronic version of the public 

docket is available through the EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.regulations.gov to 

submit or view public comments, access 

the index listing of the contents of the 

official public docket, and to access 

those documents in the public docket 

that are available electronically. For 

additional information about EPA’s 

public docket, visit the EPA Docket 

Center homepage at http:// 

www.epa.gov/dockets. Although not all 

docket materials may be available 

electronically, you may still access any 

of the publicly available docket 

materials through the Docket Facility 

identified in Section I.B.1. 

C. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

all of the information that you claim to 

be CBI. For CBI information on 

computer disks mailed to EPA, mark the 

surface of the disk as CBI. Also identify 

electronically the specific information 

contained in the disk or that you claim 

is CBI. In addition to one complete 

version of the specific information 

claimed as CBI, you must submit a copy 

that does not contain the information 

claimed as CBI for inclusion in the 

public document. Information marked 

as CBI will not be disclosed except in 

accordance with procedures set forth in 

40 CFR Part 2. 

For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing in EPA’s electronic public 

docket as EPA receives them and 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EPA’s electronic public docket. The 

entire printed comment, including the 

copyrighted material, will be available 

in the public docket. 

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EPA’s electronic public 

docket. Public comments that are 

mailed or delivered to the docket will be 

scanned and placed in EPA’s electronic 

public docket. Where practical, physical 

objects will be photographed, and the 

photograph will be placed in EPA’s 

electronic public docket along with a 

brief description written by the docket 

staff. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify this permit by docket 

number and other identifying 

information (subject heading, Federal 

Register date, and page number). 

• Where possible, respond to specific 

questions or organize comments by 

referencing a section or part of this 

permit. 

• Explain why you agree or disagree, 

suggest alternatives, and suggest 

substitute language for your requested 

changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible. 

• To ensure that EPA can read, 

understand, and therefore properly 

respond to comments, the Agency 

would prefer that commenters cite, 

where possible, the paragraph(s) or 

section in the fact sheet or permit to 

which each comment refers. 


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• Make sure to submit your 

comments by the comment period 

deadline identified. 

D. Will public hearings be held on this 

action? 

EPA has not scheduled any public 

hearings to receive public comment 

concerning the draft permit. All persons 

will continue to have the right to 

provide written comments during the 

public comment period. However, 

interested persons may request a public 

hearing pursuant to 40 CFR 124.12 

concerning the draft permit. Requests 

for a public hearing must be sent or 

delivered in writing to the same address 

as provided above for public comments 

prior to the close of the comment 

period. Requests for a public hearing 

must state the nature of the issues 

proposed to be raised in the hearing. 

Pursuant to 40 CFR 124.12, EPA shall 

hold a public hearing if it finds, on the 

basis of requests, a significant degree of 

public interest in a public hearing on 

the draft permit. If EPA decides to hold 

a public hearing, a public notice of the 

date, time and place of the hearing will 

be made at least 30 days prior to the 

hearing. Any person may provide 

written or oral statements and data 

pertaining to the draft permit at the 

public hearing. 

E. What process will EPA follow to 

finalize the permit? 

After the close of the public comment 

period, EPA intends to issue a final 

permit on or prior to the expiration date 

of the current 2008 CGP. [Please note 

that EPA is proposing in another notice 

today an extension of the 2008 CGP to 

January 31, 2012 in order to provide the 

Agency with sufficient time to finalize 

this permit.] This permit will not be 

issued until all significant comments 

have been considered and appropriate 

changes made to the permit. EPA’s 

responses to public comments received 

will be included in the docket as part of 

the final permit issuance. Once the final 

permit becomes effective, eligible 

operators of existing and new 

construction projects may seek 

authorization under the new CGP. Any 

construction site operator obtaining 

permit coverage prior to the expiration 

date of the 2008 CGP will automatically 

remain covered under that permit until 

the earliest of: 

• The operator submits a Notice of 

Termination (NOT); or 

• EPA issues an individual permit or 

denies coverage under an individual 

permit for the site’s stormwater 

discharges. 

F. Who are the EPA regional contacts for 

this permit? 

For EPA Region 1, contact Jessica 

Hing at tel.: (617) 918–1560 or e-mail at 

hing.jessica@epa.gov. 

For EPA Region 2, contact Stephen 

Venezia at tel.: (212) 637–3856 or e-mail 

at venezia.stephen@epa.gov, or for 

Puerto Rico, contact Sergio Bosques at 

tel.: (787) 977–5838 or e-mail at 

bosques.sergio@epa.gov. 

For EPA Region 3, contact Chuck 

Schadel at tel.: (215) 814–5761 or e-mail 

at schadel.chuck@epa.gov. 

For EPA Region 4, contact Michael 

Mitchell at tel.: (404) 562–9303 or email at mitchell.michael@epa.gov. 

For EPA Region 5, contact Brian Bell 

at tel.: (312) 886–0981 or e-mail at 

bell.brianc@epa.gov. 

For EPA Region 6, contact Suzanna 

Perea at tel.: (214) 665–7217 or e-mail 

at: perea.suzanna@epa.gov. 

For EPA Region 7, contact Mark 

Matthews at tel.: (913) 551–7635 or email at: matthews.mark@epa.gov. 

For EPA Region 8, contact Amy Clark 

at tel.: (303) 312–7014 or e-mail at: 

clark.amy@epa.gov. 

For EPA Region 9, contact Eugene 

Bromley at tel.: (415) 972–3510 or email at bromley.eugene@epa.gov. 

For EPA Region 10, contact Misha 

Vakoc at tel.: (206) 553–6650 or e-mail 

at vakoc.misha@epa.gov. 

II. Background of Permit 

A. Statutory and Regulatory History 

The Clean Water Act (‘‘CWA’’) 

establishes a comprehensive program 

‘‘to restore and maintain the chemical, 

physical, and biological integrity of the 

Nation’s waters.’’ 33 U.S.C. 1251(a). The 

CWA also includes the objective of 

attaining ‘‘water quality which provides 

for the protection and propagation of 

fish, shellfish and wildlife and * * * 

recreation in and on the water.’’ 33 

U.S.C. 1251(a)(2)). To achieve these 

goals, the CWA requires EPA to control 

discharges of pollutants from point 

sources through the issuance of National 

Pollutant Discharge Elimination System 

(‘‘NPDES’’) permits. 

The Water Quality Act of 1987 (WQA) 

added section 402(p) to the Clean Water 

Act (CWA), which directed EPA to 

develop a phased approach to regulate 

stormwater discharges under the NPDES 

program. 33 U.S.C. 1342(p). EPA 

published a final regulation in the 

Federal Register, often called the ‘‘Phase 

I Rule’’, on November 16, 1990, 

establishing permit application 

requirements for, among other things, 

‘‘storm water discharges associated with 

industrial activity.’’ See 55 FR 47990. 

EPA defines the term ‘‘storm water 

discharge associated with industrial 

activity’’ in a comprehensive manner to 

cover a wide variety of facilities. See id. 

Construction activities, including 

activities that are part of a larger 

common plan of development or sale, 

that ultimately disturb at least five acres 

of land and have point source 

discharges to waters of the U.S. were 

included in the definition of ‘‘industrial 

activity’’ pursuant to 40 CFR 

122.26(b)(14)(x). The second rule 

implementing section 402(p), often 

called the Phase II Rule, was published 

in the Federal Register on December 8, 

1999. It requires NPDES permits for 

discharges from construction sites 

disturbing at least one acre but less than 

five acres, including sites that are part 

of a larger common plan of development 

or sale that will ultimately disturb at 

least one acre but less than five acres, 

pursuant to 40 CFR 122.26(b)(15)(i). See 

64 FR 68722. EPA is proposing to issue 

this draft CGP under the statutory and 

regulatory authority cited above. 

NPDES permits issued for 

construction stormwater discharges are 

required under Section 402(a)(1) of the 

CWA to include conditions to meet 

technology-based effluent limits 

established under Section 301 and, 

where applicable, Section 306. Effluent 

limitations guidelines (ELGs), and New 

Source Performance Standards (NSPS) 

are technology-based effluent 

limitations that are based on the degree 

of control that can be achieved using 

various levels of pollutant control 

technology as defined in Subchapter III 

of the CWA. 

Once a new national standard is 

established in accordance with these 

sections, NPDES permits must 

incorporate limits based on such 

technology-based standards. See CWA 

section 301 and 306, 33 U.S.C. 1311 and 

1316, and 40 CFR 122.44(a)(1). Prior to 

the issuance of such national standards, 

permit authorities are required to 

incorporate technology-based limits on 

a best professional judgment basis. CWA 

section 402(a)(1); 40 CFR 

125.3(a)(2)(ii)(B). On December 1, 2009, 

EPA published final regulations 

establishing technology-based Effluent 

Limitations Guidelines (ELGs) and New 

Source Performance Standards (NSPS) 

for the Construction & Development 

(C&D) point source category. See 40 CFR 

Part 450, and 74 FR 62996 (December 1, 

2009). The Construction & Development 

Rule, or ‘‘C&D rule’’, became effective on 

February 1, 2010; therefore all NPDES 

construction permits issued by EPA or 

states after this date must incorporate 

the C&D rule requirements. Because 

EPA will be issuing its new CGP after 

the effective date of the C&D rule, the 


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Agency is required by the CWA and 40 

CFR 122.44(a)(1) to incorporate into its 

new CGP all applicable C&D rule 

requirements. 

B. Vacature of the C&D Rule Numeric 

Limit and Implications for This Permit 

The C&D rule was finalized on 

December 1, 2009, and included nonnumeric requirements for erosion and 

sediment control, stabilization, and 

pollution prevention (see 40 CFR 

450.21(a) thru (f)), and, for the first time, 

a numeric limitation on the discharge of 

turbidity from active construction sites 

(see 40 CFR 450.22). Since its 

promulgation, EPA discovered that the 

data used to calculate the numeric limit 

for turbidity were misinterpreted, and 

that it was necessary to recalculate the 

numeric limit. 

On August 12, 2010, EPA filed a 

motion with the U.S. Court of Appeals 

for the Seventh Circuit, requesting the 

Court issue an order vacating and 

remanding to the Agency limited 

portions of the final C&D rule. To 

address the specific issues raised by 

petitioners, the motion also provided 

that EPA: 

• ‘‘May address (and if necessary take 

further regulatory action on) certain impacts 

of the final rule specific to linear gas and 

electricity utility projects.’’ 

• Will ‘‘solicit site specific information 

regarding the applicability of a numeric 

limit’’ to cold weather sites and to small sites 

that are part of a larger plan of development 

that is subject to the numeric limit. 

On August 24, 2010, the U.S. Court of 

Appeals for the Seventh Circuit 

remanded the matter to EPA but did not 

vacate the numeric limit. On September 

9, 2010, the National Association of 

Home Builders (NAHB) filed a motion 

for clarification (which EPA did not 

oppose) asking the Court to (1) vacate 

the limit and (2) hold the case in 

abeyance instead of remanding the 

matter to EPA. On September 20, 2010, 

the Court granted the motion in part by 

ruling to hold the matter in abeyance 

pending EPA consideration of the 

numeric limit and the other remand 

issues, but the Court did not vacate the 

numeric limit. Instead, the Court stated 

that ‘‘EPA may make any changes to the 

limit it deems appropriate, as 

authorized by law.’’ 

EPA issued a direct final rule staying 

the current numeric limit and a 

companion proposed rule proposing a 

stay, and the stay took effect on January 

4, 2011, resulting in an indefinite 

postponement of the implementation of 

the 280 NTU limit. The Agency is 

currently preparing to issue a proposed 

rule proposing the recalculated limit 

and a one-year extension to the first 

phase-in date for complying with the 

numeric limit. EPA will seek public 

comment on this recalculated limit and 

the one-year extension of the first phasein date, and persons who wish to 

comment on the recalculated limit and 

extension should submit comments on 

that proposal. EPA plans to promulgate 

the recalculated numeric limit and the 

one-year extension of the first phase-in 

date prior to the final issuance of the 

new CGP. Therefore, if the numeric 

limit and one-year extension are 

promulgated and become effective prior 

to the issuance of the final CGP, EPA 

must by law incorporate the applicable 

numeric limit and new first phase-in 

date from the ELGs and standards into 

the final CGP. With this in mind, EPA 

has included a placeholder reference to 

the final numeric limit, which will be 

replaced by the recalculated numeric 

limit in the final permit if it is 

promulgated prior to permit issuance. 

With respect to the first phase-in date 

for complying with the limit (i.e., 

August 1, 2011), EPA notes in the 

proposed permit that this date may 

change depending on the outcome of the 

proposed extension. 

III. Summary of the Draft CGP 

As stated above, the draft permit 

proposed today includes new 

requirements that implement the 

effluent limitations guidelines and new 

source performance standards in the 

C&D rule. These proposed new 

requirements would require site 

operators to install and implement 

stormwater measures to accomplish 

erosion and sediment control, pollution 

prevention, and stabilization, and, for 

certain larger construction sites, to meet 

a recalculated numeric turbidity limit 

and conduct compliance monitoring of 

their stormwater discharges. For sites 

that discharge to waters where 

additional controls are necessary to 

ensure compliance with applicable 

water quality standards, the draft permit 

includes new water quality-based 

effluent limits. This section summarizes 

the C&D rule requirements upon which 

the permit’s proposed technology-based 

requirements are based, and highlights 

the significant new permit provisions 

included in the draft permit. 

A. Non-Numeric C&D Rule 

Requirements 

The non-numeric effluent limitations 

in the C&D rule are designed to prevent 

the mobilization and discharge of 

sediment and sediment-bound 

pollutants, such as metals and nutrients, 

and to prevent or minimize exposure of 

stormwater to construction materials, 

debris, and other sources of pollutants 

on construction sites. In addition, these 

non-numeric effluent limitations limit 

the generation of dissolved pollutants. 

For background, soil on construction 

sites can contain a variety of pollutants 

such as nutrients, organics, pesticides, 

herbicides, and metals. These pollutants 

may be present naturally in the soil, 

such as arsenic or selenium, or they may 

have been contributed by previous 

activities on the site, such as agriculture 

or industrial activities. These pollutants, 

once mobilized by stormwater, can 

detach from the soil particles and 

become dissolved pollutants. Once 

dissolved, these pollutants would not be 

removed by down-slope sediment 

controls. Source control through 

minimization of soil erosion is therefore 

the most effective way of controlling the 

discharge of these pollutants. 

The non-numeric effluent limits in 

the C&D rule, upon which certain 

technology-based requirements in the 

draft CGP are based, include the 

following: 

• Erosion and Sediment Controls: 

Permittees are required to design, 

install, and maintain effective erosion 

and sediment controls to minimize the 

discharge of pollutants. At a minimum, 

such controls must be designed, 

installed, and maintained to: 

1. Control stormwater volume and 

velocity within the site to minimize soil 

erosion; 

2. Control stormwater discharges, 

including both peak flowrates and total 

stormwater volume, to minimize erosion 

at outlets and to minimize downstream 

channel and streambank erosion; 

3. Minimize the amount of soil 

exposed during construction activity; 

4. Minimize the disturbance of steep 

slopes; 

5. Minimize sediment discharges from 

the site. The design, installation and 

maintenance of erosion and sediment 

controls must address factors such as 

the amount, frequency, intensity, and 

duration of precipitation, the nature of 

resulting stormwater runoff, and soil 

characteristics, including the range of 

soil particle sizes expected to be present 

on the site; 

6. To increase sediment removal and 

maximize stormwater infiltration, 

provide and maintain natural buffers 

around surface waters and direct 

stormwater to vegetated areas, unless 

infeasible; and 

7. Minimize soil compaction and, 

unless infeasible, preserve topsoil. 

• Soil Stabilization Requirements: 

Permittees are required to, at a 

minimum, initiate soil stabilization 

measures immediately whenever any 

clearing, grading, excavating, or other 

earth disturbing activities have 


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permanently ceased on any portion of 

the site, or temporarily ceased on any 

portion of the site and will not resume 

for a period exceeding 14 calendar days. 

Stabilization must be completed within 

a period of time determined by the 

permitting authority. In arid, semiarid, 

and drought-stricken areas where 

initiating vegetative stabilization 

measures immediately is infeasible, 

vegetative stabilization measures must 

be initiated as soon as practicable. 

• Dewatering Requirements: 

Permittees are required to minimize the 

discharge of pollutants from dewatering 

trenches and excavations. Discharges 

are prohibited unless managed by 

appropriate controls. 

• Pollution Prevention Measures: 

Permittees are required to design, 

install, implement, and maintain 

effective pollution prevention measures 

to minimize the discharge of pollutants. 

At a minimum, such measures must be 

designed, installed, implemented and 

maintained to: 

1. Minimize the discharge of 

pollutants from equipment and vehicle 

washing, wheel wash water, and other 

wash waters. Wash waters must be 

treated in a sediment basin or an 

alternative control that provides 

equivalent or better treatment prior to 

discharge; 

2. Minimize the exposure of building 

materials, building products, 

construction wastes, trash, landscape 

materials, fertilizers, pesticides, 

herbicides, detergents, sanitary waste, 

and other materials present on the site 

to precipitation and to stormwater; and 

3. Minimize the discharge of 

pollutants from spills and leaks and 

implement chemical spill and leak 

prevention and response procedures. 

• Prohibited Discharges: The 

following discharges from regulated 

construction sites are prohibited: 

1. Wastewater from washout of 

concrete, unless managed by an 

appropriate control; 

2. Wastewater from washout and 

cleanout of stucco, paint, form release 

oils, curing compounds, and other 

construction materials; 

3. Fuels, oils, or other pollutants used 

in vehicle and equipment operation and 

maintenance; and 

4. Soaps or solvents used in vehicle 

and equipment washing. 

• Surface Outlets: When discharging 

from basins and impoundments, 

permittees are required to utilize outlet 

structures that withdraw water from the 

surface, unless infeasible. 

When EPA was writing the C&D rule’s 

final non-numeric effluent limits listed 

above, it intended to provide discretion 

to permitting authorities to determine 

how best to implement these provisions 

with respect to requiring controls and 

measures appropriate for the conditions 

in their permitted areas. For example, in 

the preamble to the C&D rule, EPA 

states ‘‘* * * in the erosion and 

sediment control section * * * EPA 

simply required that permittees 

‘minimize the disturbance of steep 

slopes’ leaving it up to the permitting 

authority to determine the specific 

requirements applicable to owners or 

operators of C&D sites to minimize 

disturbance of steep slopes in order to 

minimize the discharge of pollutants 

from the site.’’ See 74 FR 63016. As the 

permitting authority responsible for 

issuing stormwater permits for 

construction activities in four States, 

Indian Country lands, Federal facilities, 

Washington, DC, and U.S. territories/ 

protectorates, EPA believes that it is 

important in this draft permit to include 

requirements that more specifically 

define what is necessary to implement 

each of the C&D rule’s non-numeric 

limits. Accordingly, in translating the 

C&D rule requirements into the draft 

CGP, EPA added specificity to many of 

the C&D rule provisions that it believed 

call for further definition, such as the 

requirements to ‘‘Provide and maintain 

natural buffers’’, ‘‘Minimize steep 

slopes’’, and ‘‘Minimize soil 

compaction’’, among others. In EPA’s 

view, adding specificity to the C&D rulebased requirements in the CGP will 

assist permittees in understanding the 

Agency’s view of what is required to 

comply with the permit. 

B. Numeric C&D Rule Requirements 

The C&D rule at 40 CFR 450.22 

requires compliance for certain sites 

with a numeric turbidity limit. 

Compliance with the numeric turbidity 

limit is to be accomplished in two 

phases and applies to construction 

activities as follows: 

• Any construction activities that will 

occur on or after August 1, 2011, which 

disturb 20 or more acres of land at one 

time, including non-contiguous land 

disturbances that take place at the same 

time and are part of a larger common 

plan of development or sale; and 

• Any construction activities that will 

occur on or after February 2, 2014, and 

disturb 10 or more acres of land at one 

time, including non-contiguous land 

disturbances that take place at the same 

time and are part of a larger common 

plan of development or sale. 

See 40 CFR 450.22(a). The C&D rule 

established an exception from the 

numeric limit for sites that receive an 

amount of precipitation that in any day 

is larger than the local 2-year, 24-hour 

storm. See 40 CFR 450.22(b). In addition 

to promulgating a numeric limit, the 

C&D rule also requires monitoring 

consistent with requirements 

established by the permitting authority. 

See 40 CFR 450.22(a)(2). The rule 

specifies that each sample must be 

analyzed for turbidity in accordance 

with the requirements established by 

the permitting authority. See id. 

As stated previously, the 280 NTU 

numeric limit that was originally 

promulgated has been found to be based 

on data that was misinterpreted. EPA 

has issued a stay of the 280 NTU 

numeric limit, which indefinitely 

postpones the application of this limit 

in permits. EPA also intends to propose 

and finalize a recalculated numeric 

limit. In accordance with the Agency’s 

plan, once a recalculated limit and 

extension of the first phase-in date are 

promulgated, they would replace the 

280 NTU limit and the August 1, 2011 

phase-in date, respectively. Assuming 

the stay of the 280 NTU limit is in effect, 

the CWA does not require states whose 

construction stormwater permits expire 

prior to the promulgation of the new, 

corrected numeric limit to include the 

stayed numeric limit of 280 NTU in 

their construction stormwater permit. 

However, if any state permits expire 

after the effective date of a final rule 

containing the recalculated numeric 

limit, those states would be required 

under the CWA to incorporate the new 

numeric effluent limit into their 

construction stormwater permits. 

The draft permit implements the 

numeric effluent limit provisions of the 

C&D rule by including provisions 

explaining which sites are required to 

comply with the numeric limit and the 

two phase-in dates for compliance 

(while noting the possibility that the 

first phase-in date may change), the 

exceptions where the numeric limit 

does not apply, sampling and analysis 

requirements for compliance 

monitoring, and requirements to report 

sampling data to EPA. The draft permit 

includes a placeholder reference for the 

actual numeric limit itself, which EPA 

plans to promulgate prior to the 

expiration of the 2008 CGP, so that the 

numeric limit may be incorporated into 

the new CGP prior to issuance. 

C. Water Quality-Based Effluent Limits 

Because the C&D rule requirements 

are technology-based, they do not 

account for the level of pollutant control 

that may be necessary in a specific area 

to meet applicable water quality 

standards. EPA’s regulations at 40 CFR 

122.44(d)(1) require permitting 

authorities to include additional or 

more stringent permit requirements 

when necessary to achieve water quality 


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standards. With this requirement in 

mind, the draft CGP includes additional 

requirements that apply to those sites 

that discharge to waters impaired for 

sediment, sediment-related parameters, 

or nutrients, including nitrogen and 

phosphorus, which are parameters 

typically associated with stormwater 

discharges from construction sites, and 

to those sites that discharge to waters 

requiring enhanced protection under a 

State or Tribe’s antidegradation 

requirements. 

D. Summary of Significant Proposed 

Changes to the CGP 

The draft CGP includes a number of 

new or modified requirements, many of 

which are related to the implementation 

of the new C&D rule effluent limits, and 

thus differ from the 2008 CGP. The 

following list summarizes the proposed 

changes to the CGP: 

1. Structure/Appearance of Permit: 

EPA attempted to restructure its CGP so 

that it would be better organized to 

present requirements in a generally 

more readable manner. It is EPA’s hope 

that this structure will enhance the 

permittees’ understanding of and 

compliance with the permit’s 

requirements. For instance, the permit’s 

stormwater control requirements are 

organized into distinct and related 

categories, such as erosion and sediment 

control requirements, stabilization 

requirements, and pollution prevention 

requirements. Within the erosion and 

sediment control requirements of the 

permit, EPA has organized the section to 

reflect the general sequence of the 

construction process. For example, the 

proposed permit places in separate 

sections requirements that apply to the 

site planning phase, which should occur 

prior to earth-disturbance, followed by 

requirements affecting the selection, 

design, and installation of stormwater 

controls. Similarly, in the pollution 

prevention section, EPA organizes the 

requirements based on where in the 

construction sequence they would 

apply. Therefore, there are requirements 

relating to (1) where pollutiongenerating activities may be placed, (2) 

how to design stormwater controls, (3) 

what performance standards to meet 

during construction, and (4) how to 

maintain required stormwater controls. 

2. Eligibility for Emergency-Related 

Construction: EPA proposes to provide 

immediate authorization for 

construction activities required for 

response to public emergencies (e.g., 

tornado, hurricane, flooding). 

Immediate authorization would enable 

work that is necessary to avoid 

imminent endangerment to human 

health or the environment to proceed 

without administrative delay. The 

construction operator must still comply 

with the terms of the permit, and must 

submit an NOI within 7 days of 

commencing earth-disturbing activities, 

whereas typically operators must submit 

NOIs 30 days prior to commencing 

earth-disturbing activities. The operator 

is then required to develop its 

stormwater pollution prevention plan 

(SWPPP) within 7 days of submitting 

the NOI. 

3. Authorization Process/NOIs: EPA 

proposes to increase the ‘‘waiting 

period’’ from 7 days to 30 days for new 

projects. This new timeframe is 

intended to better reflect the endangered 

species-related reviews that must take 

place prior to authorization. EPA also 

proposes to maximize the use of its 

electronic NOI, or eNOI, process for 

authorizing construction discharges by 

requiring that construction operators 

seek coverage using the eNOI system. 

Certain case-by-case exceptions, i.e., 

instances in which a ‘‘paper NOI’’ will 

be allowed, will still exist, but approval 

by the applicable EPA Region will be 

necessary first. 

4. Sediment and Erosion Controls: 

The draft permit includes specific 

requirements that implement the C&D 

rule’s sediment and erosion control 

limits. While many of these 

requirements are already included in 

the 2008 CGP, the draft permit includes 

more detail in order to properly 

implement the C&D rule. The following 

is a list of requirements that can be 

considered significant modifications to 

the 2008 CGP: 

i. Buffer Compliance Alternatives—To 

implement the C&D rule requirement to 

provide and maintain natural buffers 

around surface waters, unless feasible, 

sites must ensure that any discharges 

flowing through the area between the 

disturbed portions of the site and any 

waters of the U.S. are treated by an area 

of undisturbed natural vegetation that 

alone or supplemented by erosion and 

sediment controls achieves a reduction 

in sediment loads equivalent to that 

achieved by 50 feet of undisturbed 

natural vegetation. Appendix M of the 

draft permit has been added to provide 

guidance to operators in complying with 

this requirement. 

ii. Installation of Sediment Controls 

Prior to Construction—Operators must 

install and make operational all 

sediment controls prior to conducting 

earth-disturbing activities. 

iii. Sediment Removal 

Requirements—Operators are 

specifically required to remove 

deposited sediment on the site, tracked 

out of the site, or accumulated near 

sediment controls before it compromises 

the effectiveness of on-site controls and/ 

or is discharged to surface waters. 

iv. Entrance and Exit Points—Any 

entrance and exit points created on the 

site must be stabilized for a minimum 

of 50 feet into the site. 

v. Storm Drain Inlets—Controls must 

be installed and maintained to protect 

any storm drain inlets to which the site 

discharges and that are accessible to the 

operator. 

vi. Chemical Treatment—Where 

operators plan to employ treatment 

chemicals to reduce sediment 

discharges, they are subject to specific 

use restrictions and stormwater control 

design requirements. 

vii. Dewatering Practices—Specific 

controls and discharge restrictions 

apply to sites that will discharge 

groundwater or accumulated stormwater 

removed from excavations, trenches, 

foundations, vaults, or other points of 

accumulation associated with 

construction activity. 

5. Stabilization Requirements: The 

permit includes modified stabilization 

requirements that define more 

specifically what EPA requires for 

temporary and final stabilization. 

Criteria are proposed for both vegetative 

and non-vegetative stabilization that are 

based on the Revised Universal Soil 

Loss Equation’s (RUSLE) cover 

management factor, or ‘‘C-factor’’. EPA 

has provided guidance in Appendix H 

to assist permittees in understanding 

what stabilization measures meet the 

requirements of the draft permit. 

6. Pollution Prevention: Beyond 

adopting the specific C&D rule 

requirements for pollution prevention 

and the prohibition of certain 

discharges, the draft permit includes 

specific location restrictions (e.g., locate 

pollutant-generating activities outside of 

any buffers established under the permit 

and set back from stormwater 

conveyance channels) and design 

standards (e.g., install secondary 

containment or cover activities). The 

pollution prevention requirements also 

include a proposal to restrict the 

discharge of fertilizers at construction 

sites. 

7. Numeric Turbidity Limit: EPA 

proposes that it will include whatever 

numeric turbidity limit is effective 

under the C&D rule, at the time of final 

permit issuance, as well as applicability 

(i.e., phase-in dates), sampling, and 

reporting requirements. 

8. Water Quality-Based Effluent 

Limits: The draft permit includes 

specific requirements that apply to sites 

discharging to waters impaired for 

common pollutants associated with 

construction activities, such as sediment 

and nutrients. For such sites, 


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construction activities are subject to 

additional requirements, including 

tighter stabilization deadlines 

(immediately initiate stabilization if 

construction in an area is inactive for 7 

days, as opposed to 14 days) and more 

frequent site inspections. For sites 

disturbing 10 or more acres at a time, 

the permittees would be subject to the 

additional requirement to conduct 

benchmark monitoring of their 

discharge based on benchmarks that are 

tied to the receiving water’s water 

quality criteria. The permit also 

proposes to include additional 

requirements for waters identified as 

Tier 2, Tier 2.5, or Tier 3 for 

antidegradation purposes. 

9. Site Inspections: EPA proposes to 

make explicit the requirement for 

permittees to visually assess the quality 

of the discharge (e.g., color, odor, 

floating, settled, or suspended solids) if 

the site inspection occurs during a 

discharge-generating rain event. 

10. Corrective Actions: Although the 

2008 CGP requires corrective action, it 

does not include specific requirements 

instructing the permittee as to what 

conditions trigger specific corrective 

actions and what deadlines apply. The 

draft permit includes specific triggering 

conditions for corrective action as well 

as deadlines to fix such problems and 

document what was done. 

11. Stormwater Pollution Prevention 

Plan (SWPPP): The SWPPP 

requirements are modified in 

accordance with the proposed changes 

discussed above. In general, the 

requirements are more specific, but 

consistent with the current permit. 

12. Notice of Termination: EPA 

proposes to include additional 

requirements that affect when a site may 

terminate coverage under the CGP. For 

instance, beyond enabling sites to 

terminate coverage when earthdisturbing activities have stopped and 

the site is stabilized, the permit would 

require the removal of all temporary 

stormwater controls and construction 

materials, waste, and waste handling 

devices. 

E. Permit Provisions for Which EPA is 

Soliciting Comment 

While EPA encourages the public to 

review and comment on all provisions 

of the draft permit, EPA has included in 

the body of the draft CGP several 

specific requirements on which it 

requests feedback. The following list 

summarizes these specific requests for 

comment, and where they are included 

in the permit: 

1. How to submit your NOI—Request 

for comment on the transition to a 

‘‘paperless’’ NOI system for the CGP. 

Part 1.5.2. 

2. Natural buffers and equivalent 

sediment controls—Request for 

comment on the buffer compliance 

alternatives. Part 2.1.2.1. 

3. General design requirements/ 

required design factors—Request for 

comment on the concept, not included 

in the proposal, to adopt a minimum 

design storm standard for designing 

stormwater controls. Part 2.1.3.1.a. 

4. Install stormwater controls before 

construction starts—Request for 

comment on whether there are 

situations in which it would be 

infeasible or impracticable to make 

operators install all stormwater controls 

before commencing earth disturbances. 

Part 2.1.3.2.a. 

5. Stabilize construction entrance and 

exit points—Request for comment on 

the feasibility of stabilizing entrance 

and exit points for a minimum of 50 

feet. Part 2.1.4.1.a. 

6. Chemical treatment—Request for 

comment on the draft permit’s 

restrictions on the use of polymers, 

flocculants, or other treatment 

chemicals to enhance sediment removal. 

Part 2.1.4.6. 

7. Deadline to complete stabilization 

activities—Request for comment on the 

practicability of the stabilization 

timeframes. Part 2.2.1.2. 

8. Stabilization deadlines for arid/ 

semi-arid areas and sensitive areas— 

Request for comment on the proposed 

deadlines for initiating and completing 

stabilization of exposed areas of the site 

in arid and semi-arid areas. EPA also 

requests comment on treating as a 

sensitive area for stabilization purposes 

sites that will conduct construction 

activities in critical habitat areas or 

areas where listed endangered species 

exist. Part 2.2.1.4. 

9. Criteria for stabilization/vegetative 

stabilization—Request for comment on 

whether the C-factor stabilization 

criteria should be used as the sole 

option for complying with the permit’s 

stabilization requirements, as opposed 

to allowing, as the draft permit does, 

permittees to choose either the C-factor 

method or the 70 percent areal cover 

approach. Part 2.2.2.1. 

10. Pollution prevention standards for 

fueling and maintenance of equipment 

and vehicles—Request for comment on 

the practicability of providing 

secondary containment or cover for 

fueling and maintenance areas on the 

site. Part 2.3.2.1.b. 

11. Pollution prevention standards for 

staging and storage areas—Request for 

comment on the practicability of 

providing secondary containment or 

cover for staging and storage areas on 

the site. Part 2.3.2.3.b. 

12. Types of discharge conditions 

requiring sampling—Request for 

comment on whether the permit should 

include a minimum rainfall amount 

below which no sampling is required. 

Part 3.3.1.1. 

13. Sampling frequency—Request for 

comment on the sampling frequency 

specified, and on the alternative option 

of requiring samples to be taken once 

every 2 hours following the first sample. 

Part 3.3.2. 

14. Sampling location—Request for 

comment on whether the permit should 

allow representative samples for other 

types of construction projects. Part 

3.3.3.4. 

15. Actions required if you violate the 

numeric turbidity limit—Request for 

comment on whether the permit should 

require immediate notification of EPA 

for extremely high turbidity levels. Part 

3.3.8. 

16. Reporting turbidity sample results 

to EPA—Request for comment on 

whether allowances should be made in 

the permit for quarterly reporting for 

sites that have not exceeded the 

turbidity limit. Part 3.3.9. 

17. Discharge limitations for impaired 

waters—Request for comment on the 

way in which this permit determines 

whether there is a discharge to impaired 

waters. Part 4.2. 

18. Requirements for discharges to 

sediment or nutrient-impaired waters 

without an EPA-approved or established 

TMDL/water quality benchmark 

monitoring—Request for comment on 

whether benchmark monitoring is an 

appropriate tool for assessing the 

effectiveness of controls in not 

contributing to impairments, and 

request for comments on the 10-acre 

threshold for requiring sites to conduct 

benchmark monitoring. EPA also 

requests comment on how benchmark 

monitoring might be used for discharges 

to waters that are habitat for listed fish 

species (e.g., white sturgeon, sockeye 

salmon). Part 4.2.2.1. 

19. Daily visual examination— 

Request for comment on the 

appropriateness of daily visual 

examinations. Part 4.2.2.3.b. 

20. Requirements for discharges to 

sediment or nutrient-impaired waters 

without an EPA-approved or established 

TMDL—Request for comment on the 

proposed additional requirements on 

sites discharging to sediment or 

nutrient-impaired waters. Also request 

for comment on whether the focus 

should be expanded to cover certain 

biological impairments attributable to 

sediment or nutrients. Part 4.2.2. 


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21. Requirements for inspections— 

Request for comment on the proposed 

application of the same inspection 

requirements for linear projects as to 

other types of construction projects. Part 

5.1.4. 

22. Residual chitosan testing— 

Request for comment on whether there 

is a level of chitosan residual below 

which corrective action would not be 

necessary. Part 6.3.1.3. 

23. Requirement to install and make 

operational corrective action stormwater 

controls—Request for comment on 

whether the 7-day timeframe is feasible. 

Part 6.3.2.4. 

24. Reporting to EPA—Request for 

comments on whether the deadline for 

reporting to EPA is reasonable, or 

whether a different deadline is more 

appropriate. Part 6.6. 

25. Person(s) responsible for 

developing SWPPP—Request for 

comment on whether the owner of the 

site should bear the initial requirement 

to develop the SWPPP. Part 8.1.2. 

26. Turbidity benchmarks—Request 

for comment on how the proposed 

methodology used to establish 

benchmarks for waters impaired for 

turbidity for which the underlying water 

quality criterion is based on natural 

background levels of turbidity. 

Appendix J. 

F. Construction Projects Eligible for 

Permit Coverage 

This draft permit provides coverage to 

eligible operators of ‘‘new sources’’, 

‘‘existing permitted dischargers’’, 

‘‘existing unpermitted dischargers’’, 

‘‘new operators of new sources and 

existing permitted dischargers’’, and 

‘‘emergency-related projects.’’ Although 

the existing 2008 CGP will have 

expired, existing permitted dischargers 

authorized under that permit will 

continue to be authorized to discharge 

under that permit, in accordance with 

EPA’s regulations at 40 CFR 122.6, for 

a period of 90 days after the issuance of 

the new permit. Within 90 days of the 

issuance of the new CGP, owners/ 

operators of permitted ongoing projects 

must submit a complete Notice of Intent 

(NOI) for coverage under the new 

permit. New operators of new sources or 

existing permitted dischargers that were 

authorized under the existing 2008 

permit prior to its expiration date must 

submit a complete NOI for coverage 

under the new permit a minimum of 30 

days prior to the date that the transfer 

will take place to the new owner/ 

operator. Operators of emergencyrelated projects are required to submit 

their completed NOIs within 7 days of 

commencing earth-disturbing activities. 

G. Geographic Coverage 

This permit provides coverage for 

stormwater discharges from 

construction activities that occur in 

areas not covered by an approved State 

NPDES program. The areas of 

geographic coverage of this permit are 

listed in Appendix B, and include the 

States of New Hampshire, 

Massachusetts, New Mexico, and Idaho 

as well as all Indian Country lands, and 

federal facilities in selected states. 

Permit coverage is also provided in 

Puerto Rico, the District of Columbia, 

and the Pacific Island territories. The 

only changes to the current permit’s 

area of coverage is that Indian Country 

lands in Region 4 are now added to the 

draft permit’s area of coverage, and due 

to a phased delegation of the NPDES 

program to the State of Alaska starting 

in late 2008, EPA now retains NPDES 

permitting authority only for discharges 

occurring within the Denali National 

Park and Preserve, and in Indian 

Country located within the State of 

Alaska. 

IV. Notice of Intent To Prepare an 

Environmental Assessment (EA) for the 

National Pollutant Discharge 

Elimination System (NPDES) General 

Permit for Discharges From Large and 

Small Construction Activities 

Pursuant to the National 

Environmental Policy Act (NEPA) (42 

U.S.C. 4321–4307h), the Council on 

Environmental Quality’s NEPA 

regulations (40 CFR Part 15), and EPA’s 

regulations for implementing NEPA (40 

CFR Part 6), EPA plans to prepare an 

Environmental Assessment (EA) to 

analyze the potential environmental 

impacts of the new CGP. The EA will 

consider the potential environmental 

impacts from the discharge of pollutants 

in stormwater discharges associated 

with construction activity where EPA is 

the permitting authority to determine 

whether to prepare an Environmental 

Impact Statement (EIS). 

This notice initiates the scoping 

process by inviting comments from 

Federal, State, and local agencies, 

Indian tribes, and the public to help 

identify the environmental issues and 

reasonable alternatives to be examined 

in the EA. The scoping process will 

inform the preparation and issuance of 

the draft/preliminary EA, which will be 

made available for public comment. 

To ensure that EPA has an 

opportunity to fully consider your 

comments and to facilitate EPA’s 

prompt preparation of the EA, scoping 

comments should be received on or 

before May 25, 2011. You may submit 

scoping comments to the Docket ID No. 

EPA–HQ–OW–2010–0782 by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments by clicking on ‘‘Help’’ or 

‘‘FAQs.’’ 

• Mail: U.S. Environmental 

Protection Agency, Ariel Rios Building, 

1200 Pennsylvania Avenue, NW., Mail 

Code: 2252A, Washington, DC 20460. 

• Courier: U.S. Environmental 

Protection Agency, Ariel Rios Building, 

1200 Pennsylvania Avenue, NW., Rm # 

7241C, Washington, DC 20004, between 

9 a.m. and 5 p.m. Eastern time, Monday 

through Friday, except Federal holidays. 

• Fax: 202–564–0072. 

For further information regarding 

scoping contact: Jessica Trice, NEPA 

Compliance Division, Office of Federal 

Activities, U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue, NW., Mail Code: 2252A, 

Washington, DC 20460. Telephone: 

(202) 564–6646. 

V. Executive Order 12898: Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this draft 

CGP will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it 

increases the level of environmental 

protection for all affected populations 

without having any disproportionately 

high and adverse human health or 

environmental effects on any 

population, including any minority or 

low-income population. The permit 

provisions in this permit include new 

requirements for erosion and sediment 

control and pollution prevention, and 

result in an increase in the level of 

environmental protection. The 

requirements in this permit apply 

equally to all construction projects that 

disturb one or more acres in areas where 

EPA is the permitting authority, and 

therefore do not disproportionately and 

adversely affect minority or low-income 

populations. 


jdjones on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices 22891 

VI. Executive Order 13175: 

Consultation and Coordination with 

Indian Tribal Governments 

In compliance with Executive Order 

13175, EPA is in the process of 

consulting with tribal officials to gain an 

understanding of and, where necessary, 

to address the tribal implications of the 

draft CGP. In the course of this 

consultation, EPA plans to undertake 

the following activities: 

1. Provide education and outreach on 

the draft CGP; 

2. Hold national conference call(s) to 

discuss issues and concerns of the tribes 

and document discussions held in this 

call; 

3. Solicit comment on the draft 

permit; and 

4. Provide feedback through a written 

communication explaining how tribal 

issues and concerns were considered in 

the final action. This communication 

will be completed and made available to 

the tribes at the same time the permit is 

promulgated and the other responses to 

the comments are published. 

Authority: Clean Water Act, 33 U.S.C. 

1251 et seq. 

Dated: April 12, 2011. 

H. Curtis Spalding, 

Regional Administrator, EPA Region 1. 

Dated: April 12, 2011. 

Carl-Axel P. Soderberg, 

Division Director, Caribbean Environmental 

Protection Division, EPA Region 2. 

Dated: April 12, 2011. 

Kevin Bricke, 

Acting Director, Division of Environmental 

Planning & Protection, EPA. Region 2. 

Dated: April 12, 2011. 

Jon M. Capacasa, 

Director, Water Protection Division, EPA 

Region 3. 

Dated: April 12, 2011. 

Douglas Mundrick, 

Acting Director, Water Protection Division, 

EPA Region 4. 

Dated: April 12, 2011. 

Tinka G. Hyde, 

Director, Water Division, EPA Region 5. 

Dated: April 12, 2011. 

Miguel I. Flores, 

Director, Water Quality Protection Division, 

EPA Region 6. 

Dated: April 12, 2011. 

Jamie Green, 

Acting Director, Water, Wetlands and 

Pesticides Division, EPA Region 7. 

Dated: April 11, 2011. 

Stephen S. Tuber, 

Assistant Regional Administrator, EPA 

Region 8. 

Dated: April 11, 2011. 

Alexis Strauss, 

Director, Water Division, EPA Region 9. 

Dated: April 11, 2011. 

Michael A. Bussell, 

Director, Office of Water and Watersheds, 

EPA Region 10. 

[FR Doc. 2011–9929 Filed 4–22–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9297–8; EPA–HQ–OW–2008–0238] 

Modification to 2008 National Pollutant 

Discharge Elimination System 

(NPDES) General Permit for 

Stormwater Discharges Associated 

with Construction Activities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA Regions 1, 2, 3, 5, 6, 7, 

8, 9, and 10 propose to modify the 2008 

National Pollutant Discharge 

Elimination System (NPDES) general 

permits for stormwater discharges 

associated with construction activity in 

order to extend until January 31, 2012 

the expiration date of the permit. 

Hereinafter, these NPDES general 

permits will be referred to as ‘‘permit’’ or 

‘‘2008 construction general permit’’ or 

‘‘2008 CGP.’’ This proposed modification 

would, if finalized, extend the threeyear permit so that it expires on January 

31, 2012 instead of June 30, 2011. Prior 

to this proposed extension, EPA 

modified the 2008 CGP in January 2010 

to extend the permit by one year, thus 

making it a three-year permit. By 

Federal law, no NPDES permit may be 

issued for a period that exceeds five 

years. 

DATES: EPA is proposing a modification 

to its 2008 CGP that would extend the 

permit until January 31, 2012. If the 

proposed modification is finalized, the 

2008 CGP would expire on midnight, 

January 31, 2012, instead of June 30, 

2011. Comments on EPA’s proposal 

must be postmarked by May 25, 2011. 

FOR FURTHER INFORMATION CONTACT: Greg 

Schaner, Water Permits Division, Office 

of Wastewater Management (Mail Code: 

4203M), Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., EPA East, Washington, DC 20460; 

telephone number: (202) 564–0721; fax 

number: (202) 564–6431; email address: 

schaner.greg@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

If a discharger chooses to apply for 

coverage under the 2008 CGP, the 

permit provides specific requirements 

for preventing contamination of 

waterbodies from stormwater discharges 

from the following construction 

activities: 


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